书城外语法律专业英语教程
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第37章 Family Law 家庭法(2)

Fathers rights campaigners question the assumption that it can ever be legitimate for the state to collude in disrupting a loving and natural relationship between a father and his children. Others, of course, would regard such use of language as question-begging. In a controversial passage, Bob Geldof has written eloquently and emotively on this subject:

I cannot even say the words. A huge emptiness would well in my stomach, a deep loathing for those who would deign to tell me they would ALLOW me ACCESS to my children—those I loved above all, those I created, those who gave meaning to everything I did, those that were the very best of us two and the absolute physical manifestation of our once blinding love. Who thefuck are they that they should ALLOW anything? REASONABLE CONTACT! !! Is the law mad? Am I a criminal? An ABSENT parent. A RESIDENT/NON-RESIDENT parent. This Lawspeak which you all speak so fluently, so unthinkingly, so hurtfully, must go.

Delay

Bob Geldof has written on this subject:

Upon separation, the system is slow and delay occurs immediately. This allows the status quo to be established. As the process labours on it becomes impossible to alter. This is unfair. It is nearly always possible for the resident parent ( let s face it, the girl) to establish a pattern. It is then deemed in the child s interest not to break this routine. But at the cost of losing sight and touch of their father, we must really examine all our assumptions without fear. Then we can move to building a more equitable system benefiting all equally.

(quoted fromThe Real Love ThatDare Not Speak Its Name: A Sometimes Coherent Rant)

Fathers rights campaigners point to cases where flimsy or dishonest arguments have been allowed by courts to result in unnecessarily long separations occurring between fathers and children during and after lengthy periods of court hearings. It is argued that effort would be better spent dealing properly with the trauma of the parents initial separation and allowing the children to maintain their relationships with both parents continuously.

encompass /in k mp s/vt. 包围,环绕;包含;完成

adoption / d p n/n.收养

wardship / w d ip/n.监护,保护

abduction / b d kn/n.诱拐

abduct / b d kt/vt.诱拐,绑架

campaigner /k mpein /n.从军者,出征者,竞选者

anonymous / n nim s/adj.匿名的

anonymity /n nim ti/n.匿名,作者不明(或不详)

sensibility / sensi biliti /n.敏感性

inhumanity / inhju m n ti/n.不人道,残暴

judicially /d u dili/adv.依法判决地,公平地

outset / autset/n.开端,开始

workload / w kl ud/n.工作量

unfounded / n faundid/adj.没有理由的,未建立的

justification / dstifi kein/n.理由,辩护

eliminate /i limineit/vt.排除,消除

legitimate /li d itim t/adj.合法的,合理的,正统的

collude /k lu d/vi.串通,勾结,共谋

disrupt /dis r pt/vt.使中断,破坏

deign /dein/vi.屈尊vt.赐予

rant /r nt/n.咆哮,激昂的演说

flimsy / flimzi/adj.易坏的,脆弱的,浅薄的

trauma /traum /n.外伤;创伤(由心理创伤造成精神上的异常)

Fam i l y Proceedi ngs Court家庭诉讼法庭

Magi strates Court治安法院,地方法院

i n cam era禁止旁听地,秘密地

vested i nterests特权阶级,既得利益

i nteri m orders暂行法令,临时命令,临时裁决令

adversari alsystem(诉讼中的)对抗制度

questi on- beggi ng以尚在争论的问题为依据;用未经证明的假定来辩论

1. ngland and Wales(英格兰与威尔士) : It is a legal unit within the United Kingdom. t consists of England and Wales, two of the four constituent countries of the United ingdom. Unlike Scotland and Northern Ireland, Wales follows the legal system known as English law, and the two form the constitutional successor to the former Kingdom of England. England and Wales arethereforetreated as a single unit in privateinternational law. During the evolution of the United Kingdom, Wales has been considered a principality, the Principality of Wales, rather than an incorporated country, despite constituting a separatecountry ethnically and culturally. Thedevolved National Assembly for Wales ( Cynulliad Cenedlaethol Cymru) was created in1999 by the Parliament of the United Kingdom under the Government of Wales Act1998 and provides a degree of selfgovernment in Wales, including powers to amend English law from Parliament. These powers were expanded by the Government of Wales Act 2006, and the Welsh Assembly Government can now propose and pass its own laws.

2.ivorce or dissolution of marriage (离婚或解除婚姻关系) : It is the ending of a arriage before the death of either spouse. In cases involving children, governments ave a clear interest in ensuring that disputes between parents do not spill over into the amily courts. One way of doing this is through the encouragement of a parenting plan. n the United States, all states now require parents to file a parenting plan when they egally separate or divorce.

3.doption (领养,收养) : It is the legal act of permanently placing a child with a parent or parents other than the birth ( or“biological”, or“natural”) mother or father. An adoption order has the effect of severing theparental responsibilities and rights of thebirth parent( s) and transferring those responsibilities and rights to the adoptiveparent( s) .

4.ard (监护) : In law, a ward is someone placed under the protection of a legal uardian. A court may take responsibility for the legal protection of an individual, sually either a child or an incapacitated person, in which case the ward is known as a ard of the court or a ward of the state.

5. amily Proceedings Court (家庭诉讼法庭) : TheFamily Proceedings Court ( FPC) is the name given to theMagistrates Court when members of the family panel sit to hear a family case. It is a court of first instance in England and Wales that deals with family matters. Cases are either heard in front of a bench of lay magistrates or a District Judge( Magistrates Courts) .